PANJARI YERAVARA SUBRAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by accusedappellant challenging the conviction and sentence passed under Section 302 of IPC by the Court of Fact Track Judge, Kodagu at Madikeri in S.C.No.27/2008 dated 25.09.2010.

(2.) The genesis of the case of the prosecution is that P.W.1 filed the complaint-Ex.P.1 on 30.01.2008, alleging that one Paniyar Avvi residing in her line house along with deceased Baby and a child aged four years. Deceased Baby not used to go for Coolie work and accused used to go for Coolie work in the field of one Kalingada Sabu and coming to house by night. She has further alleged that on 29.01.2008, Paniyar Avvi had been to death ceremony of her relative and by 9.30 a.m., she found one Ramya was standing outside her house with a child and after enquiry, Ramya told her that accused has assaulted his daughter Baby with club and has murdered her at about 7.30 p.m., in connection with preparation of food. P.W.1 went inside the house and found the dead-body of deceased Baby which was lying in a pool of blood and she also found injuries on the body of the deceased. Thereafter, she lodged the complaint as per Ex.P.1. On the basis of the said complaint, a case was registered in Crime No.13/2008 under Section 302 of IPC. After investigation, charge-sheet was laid against the accused. Thereafter, the committal Court, after following the formalities, committed the case to the Sessions Court.

(3.) Sessions Court took cognizance and by securing the presence of the accused who was in custody, heard regarding the charge and charge was prepared and explained to the accused. Accused pleaded not guilty and as he claimed to be tried, trial was fixed. In order to prove the case of the prosecution, prosecution got examined 13 witnesses and got marked 15 documents with special marking and also 9 material objects. Thereafter, the statement of the accused also came to be recorded by putting the incriminating material as against him by preparing the questionnaire and elicited answers. Accused denied the incriminating questions. Thereafter, the accused has adduced the evidence of D.W.1, one Poonacha and has also got marked Ex.D.1-Death Ceremony card. After hearing the arguments of the learned Special Public Prosecutor and the defence counsel, the Court below has come to the conclusion that the material produced before the Court is sufficient to prove the guilt of the accused and convicted the accused for the offence punishable under Section 302 of IPC. Assailing the same, the accused-appellant is before this Court. Apart from the grounds mentioned in the appeal memo, the appellant has challenged the Judgment of conviction and the order of sentence.